Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is the representative of C in Boe City B, who is an employer who employs four regular workers and operates restaurant business.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within fourteen days after the date on which the cause for such payment occurred;

Nevertheless, the Defendant did not pay a total of 3.4 million won, such as D’s work hours from November 4, 2014 to November 1, 2017, on September 9, 2017; and 1.7 million won on October 2017.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the defendant did not pay 4,984,574 won of retirement allowance D within 14 days from the date of retirement without an agreement on the extension of payment due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Written petition of D;

1. Determination on the Defendant’s assertion on the labor contract and the delayed payment

1. The summary of the argument is that the instant worker D expressed 250,000 won per month as accommodation expenses and four major premiums (at this court, the Defendant appears to refer to four major premiums according to the records). Thus, if D deducts the unpaid amount of accommodation expenses and three-year retirement allowances from the unpaid amount of wages and retirement allowances, the Defendant is no longer required to pay the amount.

2. The purport of Article 42(1) of the Labor Standards Act stipulating that “The wages shall be paid in full directly to workers in currency,” thereby declaring the so-called principle of full payment of wages is to prevent an employer from unilaterally deducting wages, thereby allowing an employee to have the full amount of wages paid to an employee.